It is the Mission of the Nebraska Family Forum (NFF) to promote education policies in our state that preserve and protect parental authority and the integrity of the family. In so doing, we will preserve the cooperative and respectful relationship between school authorities and parents, preserve a family-centered community, and provide a well-rounded education for our kids.

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Friday, May 17, 2013

OBSERVATIONS: A Truancy Case in Douglas County Juvenile Court

This
past Wednesday, I was at the Douglas County Courthouse and quite by accident, I
ended up observing a truancy case.

Here
is what I saw:

Two
representatives from Omaha Public Schools were sitting in front of me with attendance
reports, prepared to witness for the prosecution. Prior to the hearing, they conferred with the Deputy County Attorney about their testimony.

The
prosecutor, Cara Stirts, came in and began joking with the guardian ad litem,
Maureen Monahan, who is assigned to represent and protect the best interests of
the children in court.The two of them
sat together on one side of the courtroom, while the mother’s court-appointed
attorney, Claudia McKnight, sat on the other side.Ms. McKnight soon joined Ms. Monahan and Ms.
Stirts in their enjoyment and began joking along with them.

As
the time for the hearing drew near, Prosecutor Stirts commented that, “Mom isn’t
here yet.If she doesn’t show up, we’ll
just go ahead without her.”

A
few minutes later, the mother stepped in the door.Her court-appointed attorney, Ms. McKnight,
jumped up from her chair and hustled Mom out the door saying, “We need to
talk.”They proceeded to confer in the
hallway.A few minutes later, they
returned to the defense table and the defense attorney whispered briefly to the
prosecutor.I overheard the mother
telling her attorney that her daughter has asthma.I did not hear the attorney’s response.

After
the judge came into the courtroom and called the hearing to order, the
prosecutor stated that the mother “admits to counts 1, 2A, B, D, and E,” and
that count 2C would be dismissed.

The
prosecutor also stated that “the evidence will show the child had 23.3 absences
at Sunny Slope Elementary School in 2010-2011 and 19.5 absences at Nathan Hale
Middle School in 2011-2012.”She also
stated that although the school district had provided an attendance mentor and
a bus, the mother “did not work with the school” to improve attendance.

The
judge asked the mother if she was freely admitting to the charges and she said
yes.Throughout the hearing, the
mother’s attorney, Ms. McKnight, did not speak at all.

As
the hearing neared its conclusion, a DHHS employee who was in the courtroom for
another case, whispered something to the guardian ad litem, Maureen
Monahan.Ms. Monahan informed the judge
that the child in question is not a ward of the state so the state won’t be
able to pay for services.

The
judge then made the child a ward of the state of Nebraska, but allowed her to
reside at home with her mother until a permanency hearing in July.The judge ordered the mother to compel her
child to attend school and to have no unexcused absences or tardies.The judge also ordered the mother to keep a
chart of any absences due to illnesses and to make sure her daughter takes all
medications prescribed by a physician.

EDITORIAL
COMMENTS:My observation of this court
hearing was not eye opening; rather, it only confirmed several of the disturbing
aspects of what we in the NFF have suspected is going on in truancy court.

The NFF has contended that guardians ad
litem (GAL) in Douglas County are in collusion with the juvenile
prosecutors to criminalize and punish families and children, rather than
do a diligent job of independently representing the child’s interests.Our NFF members who have had the
misfortune of being taken to court for “truancy” hearings have reported
that they don’t even know the guardian ad litem is supposed to be
objective and independent, because the GAL sits with and confers with the
prosecutor throughout the hearing.Yes,
you read that correctly--the guardian ad litem sits with the team of
people whose job it is to prosecute and punish the child, not
with the family and child that the GAL is paid (with our tax dollars) to
represent. A representative from the Douglas County Attorney’s Office
vehemently denied our charge of collusion during a conversation with me
last December.I responded that families who have
experienced guardians ad litem don’t believe those denials, and neither do
I.Right now, I believe it even less
because I saw it with my own eyes:The
GAL was conferring with the prosecutor, and there was no discussion or
contact between the GAL and the mother, whose child the GAL is supposed to
be representing.

I was also very disturbed by
the lack of defense provided by the court-appointed attorney.When the NFF is contacted by families
being attacked for “truancy”, the first thing we recommend is that they
hire a private attorney.We believe
that is the only way families have a chance of being treated fairly in
juvenile court.What I saw today
only reinforces my belief that some public defenders do not serve their
clients well.This attorney literally
said nothing—not one word.I don’t
know what was discussed with the mother in the hallway, but my guess would
be the public defender was convincing the mom to plead guilty.Was this child really truant?I don’t know the answer to that and I
don’t pretend to know every detail of this family’s life.What I do know is that I heard the
mother trying to explain to her attorney that her child suffers from
asthma. What I do know is that families face unique challenges in their daily lives, and those challenges and unavoidable parenting mistakes do not mean a child is not loved and cared for. Those challenges and mistakes do not automatically mean a child should be placed into the custody of the state.

I am curious what was meant by
“the mother did not work with the school to improve attendance.”We have heard the words of parents
twisted by officials too many times for me to put much stock in this
statement.There are parents in the
NFF who have declined truancy diversion or the assistance of the GOALS
team because their child is sick, not truant, and they ended up being
described in court as “uncooperative.”Therefore, a prosecutor accusing a mother of “not working with the
school” isn’t indicative to me of a problem with mom; in my opinion, it is
equally likely that it’s just one more indicator of the disdain and
mistrust with which parents are treated by the juvenile justice system.

Two weeks ago, I met with the
Douglas County Attorney and pointed out that his staff is playing catch up
by pursuing charges against children for absences as far back as
2010.The County Attorney
responded, “That can’t be right,” and said he would check into it.Unfortunately, what I witnessed this
week proves that indeed it is right that children with absences
from three years ago are still being pursued by the deputy county
attorneys.

We trust the public schools
with our children for seven hours a day, but the truancy law has driven a
huge wedge of mistrust, cynicism and fear between families and schools.This was very apparent yesterday when I
saw the OPS employees preparing to testify against the family of a young
child who has been entrusted to their care.

How many times have NFF members
heard the reassurance, “Don’t worry, we’re not really going to take
anyone’s kids.”Really?Because today, I saw a child made a ward
of the state for being absent from school.Although the child is still “allowed” to live with her mother, that
mother’s rights have been turned over to the state.She is no longer the ultimate authority
on important decisions regarding her own child, the State of Nebraska is,
and this mother may not even realize it.Stephanie Smith Morgan raised the alarm back in 2010 that this law
was simply a “gateway law” into the lives of families.She was exactly right.Absenteeism – not truancy – absenteeism
is being used to invade families’ privacy, to second guess parental
decisions, to punish parents and children for normal mistakes and life challenges, and to throw more children into Nebraska’s broken DHHS system.

Based
on what I saw this week, it appears that what we thought was true about truancy court, really is.

6 comments:

Addendum to above comments: Today I reviewed the court documents relating to this case. I was specifically looking for any other reason besides absences that this child would be made a ward of the state, such as serious parental abuse or neglect. I found no mention of any other circumstances that would cause this mother to lose her parental rights. The only circumstances mentioned in the documentation were absences from school.

I also noted that the mother’s youngest child was made a ward of the state last year for absences in 2010 and 2011 when the child was five and six years old. Like her sister, the absences were just over the arbitrary number of 20 set by our legislature. Both girls are now in the legal custody of the state of Nebraska.

Thanks for posting this Brenda. I wanted also to make mention that as I was leaving the juvenile court waiting room, I noticed it was nearly empty at about 2:35pm, except for a man and his teenaged son.

I was immediately struck by them - not so much because the dad was appeared as a white, middle-class, businessman type and his son an older, well-groomed teenager - but more that the son looked as though he had never experienced this environment before and the dad made eye contact with me in a way that indicated the same.

I considered going over to them and asking, "Is this a "truancy" case?" but I was already late leaving the courthouse to get to my next appointment (we teach enrichment chess class to 3rd - 6th graders once each week).

Still, it nagged at me. I turned to see the pair again as I was going out the door, and the dad looked back - curious, as though he was wondering if I could help them or provide some sort of insight into what they were experiencing.

This law MUST be repealed. It's outrageous. It's violative. It consigns children to the threat of becoming the property of the state from birth, where they can further be victimized by uncaring, and highly arrogant state bureaucrats. And it reduces parents to mere caretakers, who are constantly teetering on the edge of the legal system and having to ask permissions of school secretaries and 20-something junior county attorneys to take care of our own kids.

I feel the pain of every parent and child who suffers under this tyrannical law, and that is what drives me to commit to abolishing it.

Welcome to another day in Douglas County, Nebraska. Never fear.....the government is here to help you decide how to parent your own children. Think you as a parent have a right to decide when your child is too ill to attend school? Think again. Think you as a parent have right to decide if your family travels this summer rather than spend time in Omaha as your child must attend "mandatory summer school". Think again...this is not 2013....its 1984.

The "friendly" staff at the Douglas County Attorneys office is here....to "help you make parental decisions for your child". They will decide if your child is really sick enough to stay home from school or if you are really truly "cooperative" with the "authorities". My prediction is that soon we can all just turn our children over the authorities so that they can receive an "ideal" upbringing courtesy of your friendly DHHS caseworker and Douglas County Attorney. Cash payments from the state for all the participants.

As a regular observer of the three ring circus called "juvenile court", I am here to report that guardian ad litems are frequently appointed not only for the kiddies but also for the parents of children involved in the action before the judge. What does that mean in english? It means that a JUDGE appoints an attorney to decide what is in the "best interests of your child" and another attorney is appointed for YOU to help the JUDGE decide what is in your "best Interests" regarding your relationship with your child. Think you know what is best for you and your family. Not so says the helpful, friendly staff at Juvenile Court in Douglas County Nebraska. WE KNOW what is best for everyone. Just ask us.

If you are interested in the outrageous intrusion into families lives that happens each and every day in this county, please consider observing in Juvenile Court on the 6th Floor of HALL of JUSTICE - Douglas County Nebraska. Juvenile court is open to the public. Bring a notebook to take notes and prepare to be amazed.

Come see with your own eyes, the army of lawyers making their living off the backs of children and families in this county. These folks know what is best for each and every one of us......as long as they receive their regular allotment of county cash. One other important fact to share.....the same "best interests" lawyers DO NOT meet with their kiddie or adult clients, in violation of the LAW....How can this be you might ask....they are receiving tax dollars and they are attorneys....shouldn't someone do something about this......Nah, too much cash to be made as they sit in judgement of the families and children in our county.

Marjorie, I hope you are not suggesting that the best way to handle "real truancy" as you described is to cast a wide legal punitive net that catches students who aren't roaming the streets but are being cared for by their parents, who are sick, whose whereabouts are known and documented. I hope you aren't suggesting that good kids and their families should be harassed by county attorneys.

I hope you don't believe that the best way to get real truant kids to engage in the classroom and stay in school is through the cumpolsory means of the court. Even for those kids roaming your neighborhood street there are better ways to inspire these kids to stay in school. Their lives will not be made better if they are simply forced to keep their butts in their seats.

You are right to note that something is broken. First and foremost the social fabric is breaking down as the family is weakened, but the way to solve that isn't to make the government MOM and DAD. Families who struggle are not helped by the heavy handed compulsory "help" of the courts. This truancy law does not strengthen families but rather further disintegrates the familial bonds of parent and child.

Secondly, the school system is failing our most vulnerable children! This is a failure at every level of government. We have created drone like education that is particularly poor in quality in our inner city schools. We are losing the attention of even our most willing learners at the very youngest age.

To ignore the true causes of real truancy (skipping school, roaming the streets outside of parental knowledge or consent) and to throw thousands of ordinary kids into the court system as a way of monitoring and managing family life is an affront to the basic values of our nation and a real threat to the integrity of our families.

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The Personal Impact of Nebraska's School Attendance Law

We began collecting stories in April of 2011 and will continue to collect them as long as the law is abused. The stories we have collected demonstrate how our community has been impacted by Nebraska's school attendance law that counts all absences rather than "unexcused" absences for purposed of "truancy".

It may seem by the district by district breakdown that the law has impacted Millard Public Schools the most, but it is important to note that the Nebraska Family Forum grew out of the Millard Parent Society and therefore the awareness within Millard Public Schools is longstanding.

Out of the 3000+ cases referred to the Douglas County Attorney last year only 400 came from MPS. For every story collected here it is reasonable to assume that they represent dozens more who are affected who have not written their thoughts in a public way.

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Nebraska Family Forum: What we Stand For

Mission:

It is the Mission of the Nebraska Family Forum (NFF) to promote education policies in our state that preserve and protect parental authority and the integrity of the family. In so doing, we will preserve the cooperative and respectful relationship between school authorities and parents, preserve a family-centered community, and provide a well-rounded education for our kids.

NFF Guiding Principles:

Family is Key: We believe the family is the single most important element to a child’s ability to learn and be successful in school and life, and parents are the foundation upon which family success rests. For this reason, it’s imperative that the state honor the authority of parents as they exercise their natural rights, obligations, and responsibilities to raise, manage, direct, and educate their children.

Freedom in Education is essential: We believe that flexibility in education, school choice, stimulating curriculum, quality teachers, and innovative education reforms are essential to a family centered education. We support policies that will lead to greater parental influence in education innovation, curriculum, and choice.

Family struggles are a healthy part of life: We believe that the fundamental right of a parent does not cease to exist simply because a parent may fail to be a model parent. Parents often struggle to meet the needs of their children, but this is not in itself sufficient cause for unwanted and unwarranted government intrusion into family life. We join with Father Steven Boes of Boys Town in "proclaiming that not only are there no bad boys, as Father Flanagan taught, but there are no bad families.” There is always at least one person in a family that wants what is best for their children and is willing to ask for and receive the help they need.

Government Intrusion can be Harmful: We believe that the right of parents to raise their children without undue government interference is a fundamental liberty that has long been protected by the Constitution of the United States and is not void upon the enrollment of ones child in a public school. We warn that governments who seek to micro-manage the everyday choices of parents in pursuit prescribed outcomes, will do great harm to the integrity of the family and by extension, the well-being of children and society as a whole.

Mother… I think of all the lessons she has modeled for me throughout my life in topics from boys to academia to love in and of family to the meaning of true success… now I heed her lessons in balancing my life, work and passions. All the while, she is my teacher, one with the honored and sacred name of Mother.

Who ran to help me when I fell, And would some pretty story tell, Or kiss the place to make it well? My mother.

The Simple Truths

Children have to be educated, but they have also to be left to educate themselves. ~ Ernest Dimnet

Education is an admirable thing, but it is well to remember from time to time that nothing that is worth knowing can be taught. ~ Oscar Wilde

Education is not the filling of a pail, but the lighting of a fire. ~ William Butler Yeats

Education is simply the soul of a society as it passes from one generation to another. ~ Gilbert K. Chesterton

Education is what survives when what has been learned has been forgotten. ~ B. F. Skinner

Education... has produced a vast population able to read but unable to distinguish what is worth reading. ~ G. M. Trevelyan

Every educated person is a future enemy. ~ Martin Bormann

I prefer the company of peasants because they have not been educated sufficiently to reason incorrectly. ~ Michel de Montaigne

In the first place, God made idiots. That was for practice. Then he made school boards. ~ Mark Twain

It is a thousand times better to have common sense without education than to have education without common sense. ~ Robert Green Ingersoll

Much education today is monumentally ineffective. All too often we are giving young people cut flowers when we should be teaching them to grow their own plants. ~ John W. Gardner

No man who worships education has got the best out of education... Without a gentle contempt for education no man's education is complete. ~ Gilbert K. Chesterton

Real education must ultimately be limited to men who insist on knowing, the rest is mere sheep-herding. ~ Ezra Pound

The object of education is to prepare the young to educate themselves throughout their lives. ~ Robert M. Hutchins

The only thing that interferes with my learning is my education. ~ Albert Einstein

To the uneducated, an A is just three sticks. ~ A. A. Milne

Education is what remains after one has forgotten what one has learned in school. ~ Albert Einstein

The philosophy of the school room in one generation will be the philosophy of government in the next. ~ Abraham Lincoln

My mother said I must always be intolerant of ignorance but understanding of illiteracy. That some people, unable to go to school, were more educated and more intelligent than college professors. ~aya Angelou

Dad kept us out of school, but school comes and goes. Family is forever.

I hated school. Even to this day, when I see a school bus it's just depressing to me. The poor little kids. ~ Dolly Parton

True terror is to wake up one morning and discover that your high school class is running the country. ~ Kurt Vonnegut

One good mother is worth a hundred schoolmasters. ~George Herbert

Dad kept us out of school, but school comes and goes. Family is forever.

"The amount of freedom to which a person is entitled is strictly measured by the amount of freedom he is willing to allow his fellow man." ~ Verlan Andersen

"You complain of bad city government. It is ultimately the fault of the people themselves if it is bad... In no way can you bring about decency in your Government so quickly as by backing up the men (and women) who represent your interests, rewarding those who are faithful and punishing those who fail in their duty." ~ Theodore Roosevelt